15 Represented by:- Ms J Barnett, Consultant 20 Be Military Fit Ltd (in Company v Respondent — 2021

The case was heard by CVP on 7 April 2021 before Employment Judge J D Young. The respondent, Be Military Fit Ltd (in Company Voluntary Arrangement), did not attend and was not represented. The tribunal noted that a supervisor, Hugh Jessiman, had been appointed on 17 November 2020 following the company's Company Voluntary Arrangement under the Insolvency Act 1986.

The tribunal found that the claimant had been dismissed by reason of redundancy when the respondent encountered financial difficulty and discontinued its operations. The effective date of termination was 14 July 2020. Although the respondent had indicated that a redundancy payment would be made, none was paid. Using the claimant's age and 10 years' service, and applying the statutory cap on a week's pay from 6 April 2020 of £538.00, the tribunal calculated a redundancy payment of £8,070.00 under section 135 of the Employment Rights Act 1996.

The tribunal also found that the claimant had 9 days of holiday accrued but untaken at termination. On the figures provided, his net daily pay was £95.08, producing a holiday pay award of £855.72 under regulation 14 of the Working Time Regulations 1998, payable without deduction of income tax or NI contribution. The final judgment states that the unfair dismissal claim was dismissed, although the reasons also note that the claimant had withdrawn that claim at the hearing in recognition of the respondent's status.